If my husband’s debt is found ….
If it turns out that there is a large amount of debt compared to the debt that I knew.
For whatever reason, taking over debt does not benefit her husband!
A husband who increases debt in secret to his wife may be a “debt-related disease” which is likely to be repeatedly indebted.
Just because you are a couple, you have to return your husband’s debt! Do not you think?
Of course you have to return the money you borrowed.
But my wife has no obligation to repay.
This time, I will introduce what I should do as a wife when my husband’s debt is revealed.
If you want to protect your home, let’s not only solve your husband’s debt problem, but also know how to avoid making new debt in the future.
My wife is obliged to repay her husband’s debt! (Except when the wife is a guarantor)
One of the reasons for the discovery of debt to her husband is “I found a card for consumer finance .”
A notification from a lender (card loan company or credit card company) will arrive, and many people will find out that they have been in debt while their husbands do not know.
Among these people, have you contacted the lender directly to repay as a wife ?
And have you not been forced to pay back from the lender?
My wife is not obligated to repay her husband’s debt.
Article 761 of the Civil Code stipulates the couple’s solidarity responsibility for the legal conduct concerning daily housekeeping, but there is no obligation for the wife to repay the husband’s debt borne for the daily housekeeping.
However, debt that wife becomes husband’s joint guarantor has repayment obligation.
With a guarantor
Unlike just a guarantor, he is in the same position as the person who made the debt. There is a debt whose wife is the husband’s joint guarantor, and if the husband is unable to repay, the wife has to pay back. Even after divorce, the obligation for repayment by the joint guarantor will continue.
At first we grasp husband’s total debt and monthly repayment amount
Even if you know that your wife is not obligated to repay her husband’s debt, as a husband and wife, you need to know how much total debt you have as household management.
If you are a child, you bought a house, or a full-time homemaker, there is no doubt that solving your debt problem will affect your future life.
In order to solve the problem, the first thing we need to do is to figure out the husband’s total debt .
If you know your husband’s debt and don’t know how much you need to pay back each month, it will be difficult to manage your household budget.
- How to figure out how much your husband has debt
- How to know how much you need to repay
I would like to introduce the above two methods.
How to find out how much your husband has debt “Credit Information Disclosure”
The husband’s debt is obligated to pay back to the husband, but it can not be ignored as a family problem.
In order to solve as a family, it is not to regret the debts heard from your husband.
If you have borrowed some companies, some people do not know the exact amount.
The possibility of leaving past debts delinquent is also not zero.
First of all, please obtain consent from the husband himself to obtain the husband’s credit information .
With credit information
Person’s annual income, housing information, attribute information such as working place, loan and credit payment information. Once you get credit information, you can see all the past borrowings-current contract details and repayment status.
Credit information is held by a credit information agency, and in Japan today, when information is obtained from three institutions, it is a system that can grasp almost all the situation of personal debt.
|Credit information agency||Main types of industry for which information is registered|
|CIC||Credit card, mobile phone company, credit sales company, major consumer finance, some banks, etc.|
|JICC||Major consumer finance, middle-sized consumer finance, bank card loan, credit card, mortgage|
|KSC||Financial institutions across the country (banks, credit unions, agricultural cooperatives, etc.)|
A request for the disclosure of credit information can be made by any agent (wife, lawyer, judicial scrivener) with the consent of the individual.
Please refer to the link destination for each acquisition method.
|Credit information agency||Acquisition method|
|CIC||Agent disclosure is done by mail or at the counter.
Personal disclosure can also be billed via the Internet.
|JICC||If the person who does the agent disclosure is done by mail or at the counter, you can request it with a smartphone.|
|KSC||Both the request of the person / agent can only be sent by mail.|
In most cases, the credit information will be sent by mail within one week to ten days after making the disclosure request.
At this time, even if the agent requests it, it will be sent to the husband’s current address in the form of “private” and “transfer unnecessary”, so be careful not to reach the agent’s address if you are separated from the husband.
If the credit information has been successfully sent, we will confirm the contents.
From the disclosed credit information, check how much the husband’s debt is in total.
Please pay attention to the following when you check.
- Where are you borrowing
- Are there any creditors that you do not remember to see? (Creditors may be changed to a debt collection company for reasons such as delinquencies)
- Also check the completed information (depending on the contract period and the trading period, there may be overpayments)
- Are there any unpaid debts?
If you are delinquent, your credit information will say “Change” or “Later”
- If you have a delinquent debt, you will have a delayed loss and the total debt will be higher than expected
- Debt that has been overdue for 5 years (or 10 years) or more may be able to write off the debt with “Use of extinct prescription”.
※ Please be sure to consult an expert
Now that you know the total debt, let’s find out how much it needs to pay back each month.
Request a transaction history disclosure to the creditor the husband is in debt to check the repayment amount
Once we know where to borrow from credit information disclosure, we will then make transaction history disclosure requests to all creditors of the borrower.
The lender is obliged to disclose the transaction history, so it will always be available upon request.
However, if you leave debts in arrears for a long period of time, there may be cases where debts may be statified, depending on the delay period.
We recommend that those who do apply to consult a lawyer, judicial scrivener, etc. without making a disclosure request on their own.
The transaction history contains all information from the start of the transaction (contract) with each creditor to the present including the debt that has been paid out.
Please check the following contents from the transaction history.
- Contract date
- Repayment method of each borrowing
- For credit card use, check lump sum payment, installment payment, repayment payment
- Do you have a contract for bonus payments
- Interest rate
Also check if there is a change from the interest rate at the time of the contract
- With or without collateral setting
- If there is a debt based on collateral, collateral (real estate, land, etc.) will be taken if it becomes impossible to repay
- Since car loan is a loan contract with car, you can pull up the car to the loan company if it becomes insolvent
- Whether there is a debt with a guarantor
The guarantor is obligated to repay if it can not repay
Balance and total amount of each borrowing
- Monthly repayment amount for each loan
After understanding the contents up to here , calculate the amount that can be repaid monthly .
Let’s consider whether it is possible to repay debts with the amount which deducted housing costs and living expenses from the income of the whole household.
If you find it difficult to repay, avoid asking your parents or relatives to take over as much as possible.
Debt replacement can cause repeated debts!
I will not let my husband repeat debts! The problem does not go away even if you take over
There are different reasons for getting debts and increasing debts.
However, a husband who has increased debt in secret to her family may be a debt-related disorder .
- People who can not stop spending their debts, gambling, drinking, shopping, etc. even though they are not so economically troubled
- A person who borrows from credit card / consumer finance and purchases over repayment ability
- “If you want to return, you can always return.”
These items are said to be characteristic of debt dependence.
The situation may be even worse if there is someone to lend money around.
One of the effective measures to prevent the situation is that “the surrounding people don’t lend money = do not take over” .
After all you have to return the money you borrowed.
However, if the repayment amount is too big to live, or if interest only increases and repayment is not complete after many years, then life can not be rebuilt forever.
Therefore, there is a method to rebuild the economic life by using the system of debt reduction and exemption that the country allows.
It is called debt consolidation .
Introduce four debt consolidation methods! Recommended method for husband is debt reduction? Exemption?
The debt consolidation
A system that makes it easier for a debtor (the person who is in debt) to make a living by arranging (reducing or exempting) debt (= debt).
There are four main ways of debt consolidation:
※ Includes overpayment claims and debt statutes, but this time we will limit the method to reduction.
- Arbitrary arrangement
- Specific arbitration
- Personal reproduction
- Personal bankruptcy
Which debt consolidation you should choose depends on your debt balance and the amount you can pay each month.
Please see the figure below.
As shown in the figure, only the principal is added without interest, and the total amount is repayable monthly in 36 to 60 installments, and it is possible or impossible to pay off the basic method of debt consolidation.
Now, let me introduce the features of each debt consolidation method.
Arbitrary arrangement features and notes
Arbitrary arrangement is a method to aim at the debt completion while holding down the monthly repayment amount by negotiating with the creditors directly without going through the court and negotiating interest cuts and repayment times in the future.
You may be exempted from the delayed damages that may occur if you are delinquent.
In general, debts left over in 36 to 60 times are often repayed in installments.
Debt consolidation is very unlikely to accept the terms of the negotiations even if the debtor himself negotiates with the lender, so we recommend that you ask a lawyer or judicial scrivener to negotiate for proxy.
Click here if you want to know more about the procedure of voluntary arrangement
Characteristics and notes of specific arbitration
Specific mediation is a way to negotiate reductions with creditors through the court.
As negotiations are conducted through courts and mediation commissioners, it is common for debtors to do it individually.
It is characterized by a very low fee compared to other debt consolidation.
However, even with specific mediation, it is extremely rare to be reduced to the originally desired amount, and the probability of mediation being established is only about 5%.
Characteristics and points of attention of individual reproduction
Personal revitalization is a method of debt consolidation that is considered when repayment is difficult due to voluntary consolidation, and a part of all debts is exempted, and the remainder is divided and repayed over three years (sometimes up to five years). It will be.
The amount to be repaid after rebirth is determined from the amount of liquidation of the property, and many people can reduce their debt to about one fifth (the lower the liquidation value, the lower the repayment amount).
The benefit of personal revitalization is that you can leave your home on loan repayment (although you have to repay the mortgage loan without being reduced).
However, since the reduced debt is repayed in 36 to 60 times, it is not permitted to reinstate an individual without stable income.
Click here for the flow of procedures for personal regeneration
Characteristics and Cautions of Debt-Free Self-Bankruptcy
Self bankruptcy refers to the process of getting all debts discharged (excluded payment obligations) through the courts.
Instead of repayment of the debt, you have to pay out to the creditors, with all but the recognized property cleared .
In other words, you will be able to let go of homes, cars, and other properties such as real estate.
If the source of debt is gambling or excessive waste, bankruptcy is not recognized and other debt consolidation methods need to be considered.
Person who wants to know what will happen if self-bankruptcy is this
Is there a merit to change the name of my husband’s debt before debt consolidation?
It said that the amount of repayment after rebirth will be determined from the amount of liquidation of personal possessions.
In the case of personal bankruptcy, you must give up to the creditors by letting go of the property owned by the husband other than the permitted ones.
In this way, it is clear that the disadvantage for the family is great if the property of high value such as real estate and cars is in the name of the husband when reviving individuals and bankruptcy.
“So how can we change the name before personal rebirth or bankruptcy?”
Aren’t some people thinking so?
Let’s stop changing the name before the procedures of personal reproduction and personal bankruptcy!
Not only is debt consolidation not permitted but in some cases bankruptcy fraud charges (up to 10 years in prison or a fine of up to 10 million yen) may be sued.
Then, I will explain the effects of the name change before debt consolidation and the case in which deposits in the wife’s and children’s names are considered to be husband’s property.
Even if you change your name from husband to wife before personal reproduction / self bankruptcy, you can not leave a house or a car
You can not leave a house or a car, even if you leave the house and the car for personal rebirth and personal bankruptcy, and even if you change the name immediately before the personal rebirth or the personal bankruptcy.
On the contrary, it may be judged as a property concealment, and it may not be possible to carry out personal reproduction and self bankruptcy proceedings.
The following is a summary of what kind of troubles there are in the procedures of personal reproduction and personal bankruptcy when changing the name of property from husband to wife.
- Change of name for the purpose of leaving a house
In personal revitalization, the mortgage loan special clause system can be used, and the mortgage can continue to repay as it is, and other debts can be reduced.
Therefore, there is no meaning to change the name.
- Change of name to reduce repayment amount after personal reproduction
Disposal and change of name of property performed just before rebirth must be reported to the court.
Since the liquidation value of the owned property determines the amount of repayment after regeneration, it may be determined that the property has been hidden to reduce the liquidation value.
If it is judged as property concealment, personal reproduction will become impossible.
Personal bankruptcy The name change before self-bankruptcy is likely to fail bankruptcy.
Even if the change is made, the name change is nullified and sold by the bankruptcy trustee.
There is a possibility that it may correspond to “bankruptcy fraud charges” which the bankruptcy law establishes in concealment of property.
Even if a bankruptcy petition is filed, there is a great disadvantage that debt repayment obligation remains.
In the case of a deposit account in the name of a wife or a child, it may be considered as the property of a husband
At the beginning, he said, “My wife is not obligated to repay her husband’s debt,” but there may be cases where the deposit account in the names of wives and children will be regarded as the husband’s property.
|Name of wife||The court has determined that his wife is a full-time homemaker and all of the deposits are the income of her husband.
It does not apply to deposits from before marriage and deposits saved by working with my wife.
※ Most courts formally judge only in the name.
|Name of child||Time deposits are not the nameholders, they are the owners of property depending on who’s income.
If you have a deposit in your child’s account for obvious property concealment, it may be your husband’s property.
As mentioned above, even if it is a wife’s name or a child’s name, if it is judged as a property concealment or a husband’s property, it will be subject to a dividend to the creditor.
Demerit of Debt Consolidation! What happens to my wife if my husband’s credit information is black?
A disadvantage common to all debt consolidation methods is that credit information agencies are registered and blacklisted for a certain period of time.
The following disadvantages can be expected when the information that the husband has made debt consolidation is registered with the credit information agency.
- When I buy a house, I do not go through the loan examination
- I can not use my credit card under my husband’s name (I will fall into the examination even if I apply for a new credit card)
- No installment contract can be made with the name of the husband (eg, split contract on smartphone terminal)
Although the debt consolidation of the husband causes problems in various contract situations, there is no problem in making these contracts in the name of a wife.
However, in the case of a contract with a high loan amount, such as a mortgage, it is not always the case that the loan examination passes in the name of the wife because it is often judged by marital combined income.
Also, if your wife is a full-time homemaker, please consider that your credit card will not be available due to the effects of your husband’s debt consolidation, or that you will not be able to make a contract that requires review.
How long do you go to blacklist after debt consolidation?
As such, debt consolidation has its disadvantages, but it does not last for a lifetime.
The table below summarizes the time period for which information is held by each credit information agency.
※ The number of years of information possession after all repayments (self bankruptcy after disclaimer)
|CIC ・ JICC||KSC|
|Arbitrary arrangement||5 years||Not registered|
|Specific arbitration||5 years|
|Personal reproduction||5 years||10 years|
|Personal bankruptcy||5 years|
As you can see from the table, information is registered for 5 to 10 years.
New loans, credit cards, and various installment contracts can not be made during the five years registered with CIC and JICC.
In addition, during the 10-year period in which information is registered at KSC (National Bank Credit Information Center), it will not be possible to set up a mortgage that requires bank review.
Because of the husband’s debt, the disadvantage that the family receives is huge.
Some of them may try to repay their debt without debt consolidation.
However, behind the family’s efforts, if the husband has made further debt, the trouble is also water bubbles.
Next , I will show you how to keep your husband from debt again!
A way for your husband not to repeat debt! Loan restraint system and what to do as a family
Even if you are able to manage your debts and repay your debts, your credit information will be registered for a limited time.
When that happens, don’t you worry, “Does my husband get a new debt?”
As the act of repeating debt is “addiction = sickness”, it may not be able to stop even the husband himself.
It is the loan restraint system that solves such problems.
The loan refinancing system is a system in which a lender can not lend even if he applies for a loan.
However, if you know that you can not borrow at all, there is also a risk of getting debt from Yami money or friends.
Let’s support husband from both sides “do not do debt again” + “do what you should do as a family” so that such a thing is not done.
Don’t let your husband borrow money using the loan restraint system
A self-restraint is a system that allows you to register declaration information with a credit bureau as a self-restricting person, on the ground that you are wasting your own money.
In order to register information with CIC and JICC, we will file a declaration through the Japan Money Lending Association .
About registration with KSC (national bank credit information center), system is expected to be introduced by the end of 2020.
※ Refer to) Prime Minister’s Office Material
By the way, please note that only the husband and not the third party can register as a lender.
What a family should not do to solve her husband’s debt problem
Again, if you can’t borrow from a moneylender at all, you could borrow money from Yami, a friend, or even get rid of your company’s money.
That’s because it is sick to repeat debts.
Family cooperation is essential to prevent repeated debts.
Hospitals specializing in the treatment of gambling addictions advise family members on:
- What a family should not do
- Provision of money
- Care about the public body and hide the problem. If the problem is hidden, it can not be solved only by increasing debt.
- Blame the person
- What the family should do
- Determination to protect family property
- Debt debt is considered ill
- I believe in my recovery
- Consult with a debt expert without trying to solve it with your family alone
※ See) Kikuyo Hospital
Gambling addiction is difficult to solve in the family alone.
So it is important to consult with your problem-solving professional as a family member.
Let the debt problem expert solve your husband’s debt problem
You don’t want others to know that your husband has debts.
However, the family alone can not solve the debt problem.
If the husband has debt debt, the problem will be worse and there will be many cases such as wives, children, relatives, etc. leading to divorce.
If you want a solution that looks to the future, it’s still a good idea to consult a specialist who is familiar with debt problems.
Specialists who can manage debt include judicial scriveners and lawyers as follows.
- Arbitrary arrangement
From request to negotiation with the creditor, we will make a written settlement.
- Personal revitalization / self bankruptcy
From request to notification to creditor, we will do the document preparation.
I can not appear on behalf of the court.
【Notice】 You can not negotiate for debt over ¥ 1400,000 in one case. lawyer All debt consolidation can be done on behalf of.
Negotiations with creditors, acting on courts, and the amount of debt are not as limited as judicial scriveners.
[Caution] Cost is often higher than judicial scrivener.
If you are unsure which to ask, you may go to a consultation once.
There are many places for consultation free of charge, so let’s go and listen first.
Avance Legal Office, which boasts of 230,000 cases, can offer you free consultations as many times as you like.
[Summary] The wife leads to the solution by debt consolidation rather than repaying debt instead of husband
If my wife takes over her husband’s debt, it will not solve anything.
It is important that you reduce debts of your husband by debt consolidation and cooperate with the whole family not to let the husband do more debt.
Debt consolidation can be done without the knowledge of others.
There is no debt problem that can not be solved by debt consolidation.
If you are troubled by your husband’s debt, let’s start with what you can do as a wife as soon as possible before debt increases.